Unmarried, no custody agreement, now engaged to army man, can i move?

[HardWorkingMama]

I want to take my 22 month old son that out of state to follow my army Husband to this next duty station, there has been no custody agreement or papers file and I am the primary care provider for my son. Paternity has been established at the hospital at the time of his birth. Can i move with or without notifying the bio father, then start a custody case in the state i move to?

 

[Proserpina]

Technically yes, you can move with the child. However Dad will have the right to go straight to court and petition for a custody modification based upon your moving. Can you afford to go back and forth for court? Can you afford to pay all transportation costs relating to visitation?

Why you wouldn't want the child's father to know, is beyond me.

 

[HardWorkingMama]

Just checking, because the father gets angry fast and when he does he is unpredictable, why a custody modification there is no custody agreement, i just have physical custody cause I'm raising him on my own?

 

[Proserpina]

I'll rephrase.

If you run without informing Dad, he can go straight to court and begin a custody action. You'd then have to go back and forth until the matter is decided.

 

[mightymoose]

There are many good reasons for you to not proceed as you are planning. Maintaining custody of the child is one of them.
Consider obtaining a custody/visitation order before you leave the state. Doing so will result in fewer legal problems if the father gets upset about the move.